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ADOPTED   BY  TWL  UI 

SPECIAL     ELECTION     HELD 
JUNE    20TH,    1907 

The  euECTioN    of    the  New  Council    (Commis- 
sioners)     PROVIDED      FOR      IN      THE    ACT     WILL.      TAKE 

PLACE  IN  March,  1908.  Following  this  elec- 
tion THE  "Plan"  will  become  operative  on  and 
after  April  1st. 


(fliimiiUmiPtttg  of  ti^g 
Commercial    Club 


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CONTENTS 


PAG« 

Bnbfc?r.v,    6t?c.    5-b    10 

Civil   Service.  Sec.  14  _  17 

Contracts  with  city,  int^ /-.  >.i.  in  jUOuUiU'd,  Sw;.  i;>  .„      15 

Contracts   with   Public    Service  Companies,   prohibited,    Sea 

13  —     if^ 

Conimissions,   Civil    Service,   Sec.   14-a-b-c-n  ^  17-20^ 

Candidates,   how  to  become,   Sec.   5   « 

Candidates  assisting  for  pay  prohibited,  Sec.  5-A  10 

Departments,   city  of,  Sec.   7   1^ 

Examination  of  books  and  accounts.  Sec.     '  -_     20 

Election   of  officers.   Sec.   4   ^ 

Initiative,  ordinances  by  the  people,  Sec.  19  -_-     2H 

Merit  system  established.   Sec.  14   „_.._17-20 

Officials  to  be  elected,  Sec.  4  t) 

Officers  elected  by  Council,  Sec.  8  __  12 

Ordinances,   Sees.   12-19   15-24 

Primary,  nomination  for  office,  See.  5  —  ^ 

Powers   of  City  Council,   Sees.    6-7-8-9   IMJ^ 

Political  or  machine  politics,  a  crime,  Sec.  13  15 

Petition   by   voters.   Sec.   22   26 

Recall,  right  of,  Sec.  18  ., -^^-^2 

Referendum,  franchise  voted  upon.  Sec.  12  ..-.  15 

Return,   to  present  system,   Sec.   21  25-26 

Rights,   of  people,  Sees.  11-12:18-19  ..  H-16 

Removal,  of  officials  by  the  people,  Sec,  18  -                  --21 

Statement  of  receipts  and  expenditures.  Sec.  15 
State  Statutes,  remaining  unchanged,  Sec.  Z 
Salaries,  Mayor  and  CouneiimcTn,   Sec.   10 
Words  and  terms  defined,  Sec.  17 


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'ore\v^arc 


The  new  municipal  charter,  known  as  the  "Des 
Moines  Plan"  of  City  Government,  was  not  the  out- 
come of  a  crisis,  or  the  issue  of  a  sporadic  reform  move- 
ment, but  was  rather  the  direct  result  of  strong  con- 
victions on  the  part  of  the  business  men.  This 
led  to  an  agitation  favoring  the  application  of 
business  methods  to  the  management  of  our  municipal 
affairs,  and  resulted  in  the  recent  adoption,  by  the  citi- 
zens of  Des  Moines,  of  a  charter  which  embodies  many 
new  ideas  in  local  self-government.  Its  adoption 
presents  the  most  important  as  well  as  the  most  radical 
experiments  in  municipal  government  ever  attempted  in 
the  United  States  and  its  many  unusual  features  are  at- 
tracting favorable  comments  throughout  the  country. 

The  following  is  an  exact  copy  of  the  law,  printed 
in  sections,  together  with  a  short  statement,  just  above 
each  section,  stating  in  clear  and  concise  language  the 
principal  features  of  that  portion. 

163601 


The  Des  Moines  Plan 
of  City  Government.... 


Section  1.  This  law  applies  only  to  cities  having  a  popula- 
tion of  or  exceeding  25,000   inhabitants. 

Sec.  2.  Upon  the  presentation  of  a  petition,  signed  by  elec- 
tors equal  in  number  to  25  per  cent  of  all  votes  cast  for  all 
candidates  for  mayor  at  the  last  preceding  city  election,  the 
question  of  adopting  this  plan  of  government  shall  be  sub- 
mitted to  the  voters. 

Provides  the  manner  of  submitting  the  question  to  a  vote 
of  the  people. 

An  Act  to  provide  for  the  government  of  certain  cities,  and  the 
adoption  thereof  by  special  election  "additional  to  Title  V 
(five)  of  the  Code." 

Be  It  Enacted  hy  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  That  any  city  of  the  first  class,  or  with  special 
charter,  now  or  hereafter  having  a  population  of  twenty-five 
thousand  or  over,  as  shown  by  the  last  preceding  State  census, 
may  become  organized  as  a  city  under  the  provisions  of  this  act 
by  proceeding  as  hereinafter  provided. 

Sec.  2.  Upon  petition  of  electors  equal  in  number  to  twenty- 
five  percentum  of  the  votes  cast  for  all  candidates  for  mayor  at 
the  last  preceding  city  election  of  any  such  city,  the  mayor  shall 
by  proclamation,  submit  the  question  of  organizing  as  a  city 
under  this  act  at  a  special  election  to  be  held  at  a  time  specified 
therein,  and  within  two  months  after  said  petition  is  filed.  If 
said  plan  is  not  adopted  at  the  special  election  called,  the  ques- 
tion of  adopting  said  plan  shall  not  be  resubmitted  to  the  voters 
of  said  city  for  adoption  within  two  years  thereafter,  and  then 
the  question  to  adopt  shall  be  resubmitted  upon  the  presentation 
of  a  petition  signed  by  electors  equal  in  number  to  twenty-five 
percentum  of  the  votes  cast  for  all  candidates  for  mayor  at  the 
last  preceding  general  city  election. 

At  such  election  the  proposition  to  be  submitted  shall  be, 
"Shall  the  proposition  to  organize  the  city  or   (name  of  a  city), 

—4— 


under  chapter  (naming  the  chapter  containing  this  act)  of  the 
acts  of  the  Thirty-second  General  Assembly,  be  adopted?"  and 
the  election  thereupon  shall  be  conducted,  the  vote  canvassed, 
and  the  result  declared  in  the  same  manner  as  provided  by  law 
in  respect  to  other  city  elections.  If  the  majority  of  the  votes 
cast  shall  be  in  favor  thereof,  the  city  shall  thereupon  proceed 
to  the  election  of  a  mayor  and  four  (4)  councilmen,  as  herein- 
after provided.  Immediately  after  such  proposition  is  adopted, 
the  mayor  shall  transmit  to  the  Governor,  to  the  Secretary  of 
State,  and  to  the  county  auditor,  each  a  certificate  stating  that 
such  proposition  was  adopted. 

At  the  regular  city  election  after  the  adoption  of  such  propo- 
sition, there  shall  be  elected  a  mayor  and  four  (4)  councilmen. 
In  the  event,  however,  that  the  next  regular  city  election  does 
not  occur  within  one  year  after  such  special  election,  the  mayor 
shall,  within  ten  days  after  such  special  election,  by  proclamation, 
call  a  special  election  for  the  election  of  a  mayor  and  four  coun- 
cilmen, sixty  days'  notice  thereof  being  given  in  such  call;  such 
election  in  either  case  to  be  conducted  as  hereinafter  provided. 

Section  3.  All  State  laws  not  in  conflict  or  inconsistent  with 
this  law  are  retained  and  remain  in  full  force  and  effect. 

All  contracts,  rights  and  liabilities  remain  the  same  as 
under  the  present  form  of  government. 

Sec.  3.  All  laws  governing  cities  of  the  first  class  and  not  in- 
consistent with  the  provisions  of  this  act,  and  sections  955,  95t>, 
959,  964,  989,  1000,  1023,  and  1053  of  the  Code  now  applicable  to 
special  charter  cities  and  not  inconsistent  with  the  provisions 
of  this  act  shall  apply  to  and  govern  cities  organized  under  this 
act.  All  by-law,  ordinances  and  resolutions  lawfully  passed  and 
in  force  in  any  such  city  under  its  former  organization  shall  re- 
main in  force  until  altered  or  repealed  by  the  council  elected 
under  the  provisions  of  this  act.  The  territorial  limits  of  such 
city  shall  remain  the  same  as  under  its  former  organization,  and 
all  rights  and  property  of  every  description  which  were  vested 
in  any  such  city  under  its  former  organization,  shall  vest  in  the 
same  under  the  organization  herein  contemplated,  and  no  right 

—5— 


or  liability  either  in  favor  of  or  against  it,  existing  at  the  time, 
and  no  suit  or  prosecution  of  any  kind  shall  be  affected  by  such 
change,  unless  otherwise  provided  for  in  this  act. 

Section  4.  A  mayor  and  four  councilmen  (or  aldermen) 
shall  be  nominated  and  elected  at  large.  They  shall  hold 
office  for  two  years  and  in  case  a  vacancy  occurs  the  remaining 
members  shall  appoint  to  fill  the  vacancy. 

Sec.  4.  In  every  such  city  there  shall  be  elected  at  the  regular 
biennial  municipal  election,  a  mayor  and  four  councilmen. 

If  any  vacancy  occurs  in  any  such  office  the  remaining  mem- 
bers of  said  council  shall  appoint  a  person  to  fill  such  vacancy 
during  the  balance  of  the  unexpired  term. 

Said  officers  shall  be  nominated  and  elected  at  large.  Said 
officers  shall  qualify  and  their"  terms  of  office  shall  begin  on  the 
first  Monday  after  their  election.  The  terms  of  office  of  the 
mayor  and  councilmen  or  aldermen  in  such  city  in  office  at  the 
beginning  of  the  terms  of  office  of  the  mayor  and  councilmen  first 
elected  under  the  provisions  of  this  act  shall  then  cease  and  de- 
termine, and  the  terms  of  office  of  all  other  appointive  officers  in 
force  in  such  city,  except  as  hereinafter  provided,  shall  cease  and 
determine  as  soon  as  the  council  shall  by  resolution  declare. 

Section  5.  This  section  prescribes  in  detail  the  manner  in 
which  the  mayor  and  city  councilmen  are  elected,  and  provides 
for  a  non-partisan  primary  for  nominations. 

Sec.  5.  Candidates  to  be  voted  for  at  all  general  municipal 
elections  at  which  a  mayor  and  four  councilmen  are  to  be  elected 
under  the  provisions  of  this  act  shall  be  nominated  by  a  pri- 
mary election,  and  no  other  names  shall  be  placed  upon  the 
general  ballot  except  those  selected  in  the  manner  hereinafter 
prescribed.  Tlie  primary  election  for  such  nomination  shall  be 
held  on  the  second  Monday  preceding  the  general  municipal  elec- 
tion. The  judges  of  election  appointed  for  the  general  municipal 
election  shall  be  the  judges  of  the  primary  election,  and  it  shall 
be  held  at  the  same  place,  so  far  as  possible,  and  the  polls  shall 

—6— 


be  opened  and  closed  at  the  same  hours,  with  the  same  clerks 
as  are  required  for  said  general  municipal  election. 

Any  person  desiring  to  become  a  candidate  for  mayor  or  coun- 
cilman shall,  at  least  ten  days  prior  to  said  primary  election,  file 
with  the  said  clerk  a  statement  of  such  candidacy,  in  substan- 
tially the  following  form: 

State  of  Iowa,   County. — ss. 

I   ( )  being  first  duly  sworn,  say  that  1 

reside  at street,  city  of county 

of State  of  Iowa;  that  I  am  a  qualified  voteiT 

therein;  that  I  am  a  candidate  for  nomination  to  the  office  of 
(mayor  or  councilman)  to  be  voted  upon  at  the  primary  election 

to  be  held  on  the Monday  of 19__ 

and  I  hereby  request  that  my  name  be  printed  upon  the  official 
primary  ballot  for  nomination  by  such  primary  election  for  such 
office. 

(Signed) 


Subscribed  and  sworn  to  (or  affirmed)   before  me  by 

on   this day  of 19-- 

(Signed) 

and  shall  at  the  same  time  file  therewith  the  petition  of  at  least 
twenty-five  qualified  voters  requesting  such  candidacy.  Each  peti- 
tion shall  be  verified  by  one  or  more  persons  as  to  the  qualifica- 
tions and  residence,  with  street  number,  of  each  of  the  persons 
so  signing  the  said  petition,  and  the  said  petition  shall  be  in  sub- 
stantially the  following  form: 

PETITION   ACCOMPANYING   NOMINATING   STATEMENT. 

The  undersigned,  duly  qualified  electors  of  the  city  of , 

and  residing  at  the  places  set  opposite  our  respective  names 
hereto,  do  hereby  request  that  the  name  of  (name  of  candidate) 
be  placed  on  the  ballot  as  a  candidate  for  nomination  for  (name 
of  office)  at  the  primary  election  to  be  held  in  such  city  on 
the Monday  of 19 We  further  state  that 

—7— 


we  know  him  to  be  a  qualified  elector  oi'  said  city  and  a  man  of 
good  moral  character  and  qualified  in  our  judgment  for  the  duties 
of  such  office. 


Names  of  -kt      i_  o.x      4. 

Qualified  Electors.  Number.  Streets. 


Immediately  upon  the  expiration  of  the  time  of  filing  the 
statements  and  petitions  for  candidacies,  the  said  city  clerk  shall 
cause  to  be  published  for  three  successive  days  in  all  the  daily 
newspapers  published  in  the  city,  in  proper  form,  the  names  of 
the  persons  as  they  are  to  appear  upon  the  primary  ballots,  and 
if  there  be  no  daily  newspaper,  then  in  two  issues  of  any  other 
newspapers  that  may  be  published  in  said  city;  and  the  said 
clerk  shall  thereupon  cause  the  primary  ballots  to  be  printed, 
authenticated  with  a  fac  simile  of  his  signature.  Upon -the  said 
ballot  the  names  of  the  candidates  for  mayor,  arranged  alphabeti- 
cally, shall  first  be  placed,  with  a  square  at  the  left  of  each 
name,  and  immediately  below  the  words  "Vote  for  one."  Follow- 
ing these  names,  likewise  arranged  in  alphabetical  order,  shall 
appear  the  names  of  the  candidates  for  councilmen,  with  a  square 
at  the  left  of  each  name  and  below  the  names  of  such  candidates 
shall  appear  the  words,  "Vote  for  four."  The  ballots  shall  be 
printed  upon  plain,  substantial  white  paper,  and  shall  be  headed: 

CANDIDATES   FOR   NOMINATION   FOR   MAYOR   AND   COUN- 
CILMEN OF CITY  AT  THE  PRIMARY  ELECTION. 

Out  shall  have  no  party  designation  or  mark  whatever.    The  bal- 
lots shall  be  in  substantially  the  following  form: 

(Place  a  cross  in  the  square  preceding  the  names  of  the  parties 
you  favor  as  candidates  for  the  respective  positions.) 


OFFICIAL  PRIMARY  BALLOT. 

CANDIDATE  FOR  NOMINATION  FOR  MAYOR     AND     COUN- 
CILMEN  OF CITY  AT  THE  PRIMARY  ELECTION. 

For  Mayor, 
D      (Name  of  Candidate.) 
(Vote  for  one.) 

For  Councilman, 
D      (Name  of  Candidate.) 
(Vote  for  four.) 

Official  ballot  attest: 
( Signature) 


City  Clerk. 

Having  caused  said  ballots  to  be  printed,  the  said  city  clerk 
shall  cause  to  be  delivered  at  each  polling  place  a  number  of  said 
ballots  equal  to  twice  the  number  of  votes  cast  in  such  polling 
precinct  at  the  last  general  municipal  election  for  mayor.  The 
persons  who  are  qualified  to  vote  at  the  general  municipal  elec- 
tion shall  be  qualified  to  vote  at  such  primary  election,  and  chal- 
lenges can  be  made  by  not  more  than  two  persons,  to  be  ap- 
pointed at  the  time  of  opening  the  polls  by  the  judges  of  elec- 
tion; and  the  law  applicable  to  challenges  at  a  general  muni- 
cipal election  shall  be  applicable  to  challenges  made  at  such  pri- 
mary election.  Judges  of  election  shall,  immediately  upon  the 
closing  of  the  polls,  count  the  ballots  and  ascertain  the  number 
of  votes  cast  in  such  precinct  for  each  of  the  candidates,  and 
make  return  thereof  to  the  city  clerk,  upon  proper  blanks  to  be 
furnished  by  the  said  clerk,  within  six  hours  of  the  closing  of 
the  polls.  On  the  day  following  the  said  primary  election  the 
said  city  clerk  shall  canvass  said  returns  so  received  from  all  the 
polling  precincts,  and  shall  make  and  publish  in  all  the  news- 
papers of  said  city  at  least  once,  the  result  thereof.  Said  can- 
vas by  the  city  clerk  shall  be  publicly  made.    The  two  candidates 

—9— 


receiving  the  highest  number  of  votes  for  mayor  shall  be  the 
candidates  and  the  only  candidates  whose  names  shall  be  placed 
upon  the  ballot  for  mayor  at  the  next  succeeding  general  muni- 
cipal election,  and  the  eight  candidates  receiving  the  highest 
number  of  votes  for  councilman,  or  all  such  candidates  if  less 
than  eight,  shall  be  the  candidates  and  the  only  candidates  whose 
names  shall  be  placed  upon  the  ballot  for  councilman  at  such 
municipal  election. 

All  electors  of  cities  under  this  act  who  by  the  laws  govern- 
ing cities  of  the  first  class  and  cities  acting  under  special  charter 
would  be  entitled  to  vote  for  the  election  of  officers  at  any 
general  municipal  election  in  such  cities,  shall  be  qualified  to 
vote  at  all  elections  under  this  act;  and  the  ballot  at  such 
general  municipal  election  shall  be  in  the  same  general  form  as 
for  such  primary  election,  so  far  as  applicable,  and  in  all  elec- 
tions in  such  city  the  election  precincts,  voting  places,  method  of 
conducting  election,  canvassing  the  votes  and  announcing  the 
results,  shall  be  the  same  as  by  law  provided  for  election  of 
ofiicers  in  such  cities,  so  far  as  the  same  are  applicable  and  not 
inconsistent  with  the  provisions  of  this  act. 

Section  5-A.  This  prohibits  any  person  or  candidate  ac- 
cepting from  or  giving  money  to  any  candidate  for  office  to 
secure  election  or  appointment,  and  provides  for  the  punish- 
ment of  any  person  who  agrees  to  or  does  accept  any  money  or 
any  valuable  thing  for  services  rendered  to  any  candidate. 

Sec.  5-A.  Any  person  who  shall  agree  to  perform  any  ser- 
vices in  the  interest  of  any  candidate  for  any  office  provided  in 
this  act,  in  consideration  of  any  other  money  or  other  valuable 
thing  for  such  services  performed  in  the  interest  of  any  candi- 
date, shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  ($'300),  or  be  imprisoned  in  the  county  jail  not  exceed- 
ing thirty  (30)   days. 

Section  5-B.  This  section  prescribes  a  severe  penalty  for 
the  acceptance  or  giving  of  any  bribe  to  influence  voters  and 
also  for  the  violation  of  any  election   laws. 

—10— 


Sec.  5-B.  Any  person  offering  to  give  a  bribe,  either  in 
money  or  other  consideration,  to  any  elector  for  the  purpose  of 
influencing  his  vote  at  any  election  provided  in  this  act,  or  any 
elector  entitled  to  vote  at  any  such  election  receiving  and  ac- 
cepting such  bribe  or  other  consideration;  any  person  making 
false  answer  to  any  of  the  provisions  of  this  act  relative  to  his 
qualifications  to  vote  at  said  election;  any  person  wilfully  vot- 
ing or  offering  to  vote  at  such  election  who  has  not  been  a  resi- 
dent of  this  State  for  six  months  next  preceding  said  election, 
or  who  is  not  twenty-one  years  of  age,  or  is  not  a  citizen  of  the 
United  States;  or  knowing  himself  not  to  be  a  qualified  elector 
of  such  precinct  where  he  offers  to  vote;  any  person  knowingly 
procuring,  aiding  or  abetting  any  violation  hereof  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  a  sum  not  less  than  one  hundred  dollars  ($100),  nor  more 
than  five  hundred  dollars  ($500),  and  be  imprisoned  in  the 
county  jail  not  less  than  ten  (10)  nor  more  than  ninety  (90) 
days. 


Section  6.  The  city  shall  be  governed  by  the  mayor  and 
four  councilmen.  Majority  vote  of  these  five  officials  shall  be 
necessary  to  pass  any  ordinance  or  other  measure. 

Sec.  6.  Every  such  city  shall  be  governed  by  a  council,  con- 
sisting of  the  maj'or  and  four  councilmen,  chosen  as  provided  in 
this  act,  each  of  whom  shall  have  the  right  to  vote  on  all  ques- 
tions coming  before  the  council.  Three  members  of  the  council 
shall  constitute  a  quorum,  and  the  affirmative  vote  of  three  mem- 
bers shall  be  necessary  to  adopt  any  motion,  resolution  or  or- 
dinance, or  pass  any  measure,  unless  a  greater  number  is  pro- 
vided for  in  this  act.  Upon  every  vote  the  yeas  and  nays  shall 
be  called  and  recorded,  and  every  motion,  resolution  or  ordin- 
ance shall  be  reduced  to  writing  and  read  before  the  vote  is 
taken  theron.  The  mayor  shall  preside  at  all  meetings  of  the 
council;  he  shall  have  no  power  to  veto  any  measure,  but  every 
resolution  or  ordinance  passed  by  the  council  must  be  signed  by 
the  mayor,  or  by  two  councilmen,  and  be  recorded,  before  the 
same  shall  be  in  force. 

—11— 


Section  7.  Prescribes  the  powers  and  duties  of  the  city 
council  and  creates  the  five  departments  through  which  the 
city's  affairs  shall   be  administered. 

Sec.  7.  The  council  shall  have  and  possess  and  the  council 
and  its  members  shall  exercise  all  executive,  legislative  and  ju- 
dicial powers  and  duties  now  had,  possessed  and  exercised  by  the 
mayor,  city  council,  board  of  public  work,  park  commissioners, 
board  of  police  and  fire  commissioners,  board  of  water-works 
trustees,  board  of  library  trustees,  solicitor,  assessor,  treasurer, 
auditor,  city  engineer,  and  other  executive  and  administrative 
officers  in  cities  of  the  first  class  and  cities  acting  under  special 
charter.  The  executive  and  administrative  powers,  authority  and 
duties  in  such  cities  shall  be  distributed  into  and  among  five  de- 
partments, as  follows: 

1.  Department  of  Public  Affairs. 

2.  Department  of  Accounts  and  Finances. 

3.  Department  of  Public  Safety. 

4.  Department  of  Streets  and  Public  Improvements. 

5.  Department  of  Parks  and  Public  Property. 

The  council  shall  determine  the  powers  and  duties  to  be  per- 
formed by,  and  assign  them  to  the  appropriate  department;  shall 
prescribe  the  powers  and  duties  of  officers  and  employes;  may 
assign  particular  officers  and  employes  to  one  or  more  of  the  de- 
partments; may  require  an  officer  or  employe  to  perform  duties 
in  two  or  more  departments;  and  may  make  such  other  rules  and 
regulations  as  may  be  necessary  or  proper  for  the  efficient  and 
economical  conduct  of  the  business  of  the  city. 

Section  8.  Provides  that  each  member  of  the  city  council 
shall  be  made  superintendent  of  a  department;  also  for  the 
election  of  other  city  officers  by  a  majority  vote  of  the  city 
council. 

Sec.  8.  The  mayor  shall  be  superintendent  of  the  depart- 
ment of  Public  Affairs,  and  the  council  shall  at  the  first  regular 
meeting  after  election  of  its  members  designate  by  majority  vote 

—12— 


one  councilman  to  be  superintendent  of  the  department  of  Ac- 
counts and  Finances;  one  to  be  superintendent  of  the  depart- 
ment of  Public  Safety;  one  to  be  superintendent  of  the  depart- 
ment of  Streets  and  Public  Improvements;  and  one  to  be  superin- 
tendent of  the  department  of  Parks  and  Public  Property;  but 
such  designation  shall  be  changed  whenever  it  appears  that  the 
public  service  would  be  benefited  thereby. 

The  council  shall,  at  said  first  meeting,  or  as  soon  as  prac- 
ticable thereafter,  elect  by  majority  vote  the  following  officers: 
A  city  clerk,  solicitor,  assessor,  treasurer,  auditor,  civil  engineer, 
city  physician,  marshal,  chief  of  fire  department,  market  master, 
street  commissioner,  three  library  trustees,  and  such  other  officers 
and  assistants  as  shall  be  provided  for  by  ordinance  and  necessary 
to  the  proper  and  efficient  conduct  of  the  affairs  of  the  city;  and 
shall  appoint  a  police  judge  in  those  cities  not  having  a  superior 
court.  Any  oflSlcer  or  assistant  elected  or  appointed  by  the  coun- 
cil may  be  removed  from  office  at  any  time  by  vote  of  a  majority 
of  the  members  of  the  council  except  as  otherwise  provided  for 
in  this  act. 

Section  9.  This  section  provides  for  the  creation  and  dis- 
continuance of  offices  as  it  may  be  necessary  for  the  welfare 
of  tlie  city  and  gives  autliority  to  the  council  to  fix  the  com- 
pensation which  shall  be  received  by  officers  and  employes. 

Sec.  9.  The  council  shall  have  power  from  time  to  time  to 
create,  fill  and  discontinue  offices  and  employments  other  than 
herein  prescribed,  according  to  their  judgment  of  the  needs  of 
the  city;  and,jiiay  by  majority  vote  of  all  the  members  remove 
any  such  officer  or  employe,  except  as  otherwise  provided  for  in 
this  act;  and  may  by  resolution  or  otherwise  prescribe,  limit  or 
change  the  compensation  of  such  officers  or  employes. 

Section  10.  Provides  that  the  mayor  and  city  councilmen 
shall  receive  a  certain  salary,  according  to  the  population  of 
the  city. 

Sec.  10.  The  mayor  and  council  shall  have  an  office  at  the 
city  hall,  and  their  total  compensation  shall  be  as  follows:     In 

—13— 


elites  having  by  the  last  preceding  State  or  National  census  from 
25,000  to  40,000  people,  the  annual  salary  ot  the  mayor  shall  be 
$2,500,  and  of  each  councilman  $1,800.  In  cities  having  by  such 
census  from  40,000  to  60,000  people,  the  mayor's  annual  salary 
shall  be  $3,000,  and  that  each  councilman  $2,500;  and  in  cities 
having  by  such  census  over  60,000  population,  the  mayor's  an- 
nual salary  shall  be  $'3,500,  and  that  of  each  councilmen  $3,000. 
Such  salaries  shall  be  payable  in  equal  monthly  installments. 

Any  increase  in  salary  occasioned  under  the  provisions  of  this 
scale  by  increase  in  population  in  any  city  shall  commence  with 
the  month  next  after  the  official  publication  of  the  census  show- 
ing such  increase  therein. 

Every  other  officer  or  assistant  shall  receive  such  salary  or. 
compensation  as  the  council  shall  by  ordinance  provide,  payable 
in  equal  monthly  installments. 

The  salary  or  compensation  of  all  other  employes  of  such  city 
shall  be  fixed  by  the  council  and  shall  be  payable  monthly  or  at 
such   shorter   periods   as   the  council   shall   determine. 

Section  11.  Provides  for  regular  and  special  nneetlngs  of 
the  city  council. 

Sec.  11.  Regular  meetings  of  the  council  shall  be  held  on  the 
first  Monday  after  the  election  of  councilmen,  and  thereafter  at 
least  once  each  month.  The  council  shall  provide  by  ordinance 
for  the  time  of  holding  regular  meetings,  and  special  meetings 
may  be  called  from  time  to  time  by  the  mayor  or  two  councilmen. 
All  meetings  of  the  council,  whether  regular  or  special,  at  which 
any  person  not  a  city  officer  is  admitted,  shall  be  open  to  the 
public. 

The  mayor  shall  be  president  of  the  council  and  preside 
at  its  meetings,  and  shall  supervise  all  departments  and  report 
to  the  council  for  its  action  all  matters  requiring  attention  in 
either.  The  superintendent  of  the  department  of  Accounts  and 
Finances  shall  be  vice-president  of  the  council,  and  in  case  of  va- 
cancy in  the  office  of  mayor,  or  the  absence  or  inability  of  the 
mayor,  shall  perform  the  duties  of  the  mayor. 

— 14_ 


Section  12.  This  section  provides  the  manner  in  which  ordi- 
nances shall  be  passed  and  the  means  by  which  the  rights  of 
the    people   are    preserved    in   the    granting    of   franchises. 

Every  ordinance,  franchise  and  contract  must  be  open  to 
public  inspection  for  seven  days  before  its  final  passage  and 
does  not  go  in  force  for  ten  days  thereafter. 

ALL  FRANCHISES  TO  PUBLIC  SERVICE  CORPORATIONS 
MUST  BE  SUBMITTED  TO  A  VOTE  OF  THE  PEOPLE  FOR 
APPROVAL. 

Sec.  12.  Every  ordinance  or  resolution  appropriating  money 
or  ordering  any  street  improvement  or  sewer,  or  making  or  au- 
thorizing the  making  of  any  contract,  or  granting  any  franchise 
or  right  to  occupy  or  use  the  streets,  highways,  bridges  or  public 
places  in  the  city  for  any  purpose,  shall  be  complete  in  the  form 
in  v/hicli  it  is  finally  passed,  and  remain  on  file  with  the  city 
clerk  for  public  inspection  at  least  one  week  before  the  final 
passage  on  adoption  thereof.  No  franchise  or  right  to  occupy  or 
use  the  streets,  highways,  bridges  or  public  places  in  any  city 
shall  be  granted,  renewed  or  extended,  except  by  ordinance,  and 
every  franchise  or  grant  for  interurban  or  street  railways,  gas  or 
water-works,  electric  light  or  power  plants,  heating  plants,  tele- 
graph or  telephone  systems,  or  other  public  service  utilities  with- 
in said  city,  must  be  authorized  or  approved  by  a  majority  of 
the  electors  voting  thereon  at  a  general  or  special  election,  as 
provided  in  section  776  of  the  Code. 

Section  13.  This  section  prohibits  any  officer  or  employe, 
elected  or  appointed,  from  being,  either  directly  or  indirectly 
financially  interested  In  any  contract  or  job  to  which  the  city 
is  a  party  or  in  which  any  public  service  corporation  is  inter- 
ested; nor  shall  any  such  officer  or  employe  accept  any  service 
favor  from  any  such  service  corporations. 

Every  violation  of  this  section  shall  be  punished  by  heavy 
penalty. 

—15— 


Provides  that  if  any  city  official  or  employe  attempts  to 
influence  any  other  city  official  politically,  or  attempts  to  con- 
trol or  influence  appointments,  either  directly  or  indirectly,  he 
shall  be  subject  to  a  fine  of  $300  or  a  term  in  the  county  jail. 

Sec.  13.  No  officer  or  employe  elected  or  appointed  in  any- 
such  city  shall  be  interested,  directly  or  indirectly,  in  any  con- 
tract or  job  for  v/ork  or  materials,  or  the  profits  thereof,  or  ser- 
vices to  be  furnished  or  performed  for  the  city;  and  no  such  of- 
ficer or  employe  shall  be  interested  directly  or  indirectly,  in  any 
contract  or  job  for  work  or  materials,  or  the  profits  thereof,  or 
services  to  be  furnished  or  performed  for  any  person,  firm  or 
corporation  operating  interurban  railway,  street  railway,  gas 
works,  water-works,  electric  light  or  power  plant,  heating  plant, 
telegraph  line,  telephone  exchange,  or  other  public  utility  within 
the  territorial  limits  of  said  city.  No  such  officer  or  employe 
shall  accept  or  receive,  directly  or  indirectly,  from  any  person, 
firm  or  corporation  operating  within  the  territorial  limits  of  said 
city,  any  interurban  railway,  street  railway,  gas  works,  water- 
works, electric  light  or  power  plant,  heating  plant,  telegraph 
line  or  telephone  exchange,  or  other  business  using  or  operating 
under  a  public  franchise,  any  frank,  free  ticket  or  free  service, 
or  accept  or  receive,  directly  or  indirectly,  from  any  such  person, 
firm  or  corporation,  any  other  service  upon  terms  more  favor- 
able than  is  granted  to  the  public  generally.  Any  violation  of 
the  provisions  of  this  section  shall  be  a  misdemeanor,  and  every 
such  contract  or  agreement  shall  be  void. 

Such  prohibition  of  free  transportation  shall  not  apply  to  po- 
licemen or  firemen  in  uniform;  nor  shall  any  free  service  to  city 
officials  heretofore  provided  by  any  franchise  or  ordinance  be  af- 
fected by  this  section.  Any  officer  or  employe  of  such  city  who,  by 
solicitation  or  otherwise,  shall  exert  his  infiuence  directly  or  in- 
directly to  infiuence  other  officers  or  employes  of  such  city  to 
adopt  his  political  views  or  to  favor  any  particular  person  or  can- 
didate for  office,  or  who  shall  in  any  manner  contribute  money, 
labor,  or  other  valuable  thing  to  any  person  for  election  purposes, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  not  exceeding  three  hundred  dollars  ($300)  or 
by   imprisonment  in  the  county  jail   not  exceeding  thirty    (30) 

—16— 


Section  14.  Provides  for  a  civil  service  commission,  fixes 
the  power  of  this  commission  and  determines  the  manner  in 
which   it  shall  act. 

Substitutes  personal  merit  for  political  pull  in  securing  and 
holding   positions  as  employes. 

Insures  the  best  possible  service  for  the  city. 

Merit,  and   not  politics,  the   requisite. 

Sec.  14.  Immediately  after  organizing  the  council  shall  by 
ordinance  appoint  three  civil  service  commissioners,  who  shall 
hold  oflfice,  one  until  the  first  Monday  in  April  in  the  second  year 
after  his  appointment,  one  until  the  first  Monday  in  April  of  the 
fourth  year  after  his  appointment,  and  one  until  the  first  Monday 
in  April  of  the  sixth  year  after  his  appointment.  Each  succeed- 
ing council  shall,  as  soon  as  practicable  after  organizing  appoint 
one  commissioner  for  six  years,  who  shall  take  the  place  of  the 
commissioner  whose  term  of  ofiice  expires.  The  chairman  of  the 
commission  for  each  biennial  period  shall  be  the  member  whose 
term  first  expires.  No  person  while  on  the  said  commission  shall 
hold  or  be  a  candidate  for  any  office  of  public  trust.  Two  of  said 
members  shall  constitute  a  quorum  to  transact  business.  The 
commissioners  must  be  citizens  of  Iowa,  and  residents  of  the  city 
for  more  than  three  years  next  preceding  their  appointment. 

The  council  may  remove  any  of  said  commissioners  during 
their  term  of  office  for  cause,  four  councilmen  voting  in  favor  of 
such  removal,  and  shall  fill  any  vacancy  that  may  occur  in  said 
commission  for  the  unexpired  term.  The  city  council  shall  pro- 
vide suitable  rooms  in  which  the  said  civil  service  commission 
may  hold  its  meetings.  They  shall  have  a  clerk,  who  shall  keep 
a  record  of  all  its  meetings,  such  city  to  supply  the  said  commis- 
sion with  all  necessary  equipment  to  properly  attend  to  such  busi- 
ness. 

(a)  Before  entering  upon  the  duties  of  their  office,  each  of 
said  commissioners  shall  take  and  subscribe  an  oath,  which  shall 
be  filed  and  kept  in  the  office  of  the  city  clerk,  to  support  the 
Constitution  of  the  United  States  and  the  State  of  Iowa,  and  to 
obey  the  laws,  and  to  aim  to  secure  and  maintain  an  honest  and 

—17— 


efficient  force,  free  from  partisan  distinction  or  control,  and  to 
perform  the  duties  of  his  office  to  the  best  of  his  ability. 

(b)  Said  commission  shall,  on  the  first  Monday  of  April  and 
October  of  each  year,  or  oftener  if  it  shall  be  deemed  necessary, 
under  such  rules  and  regulation  as  may  be  prescribed  by  the 
council,  hold  examinations  for  the  purpose  of  determining  the 
qualifications  of  applicants  for  positions,  which  examination  shall 
be  practical  and  shall  fairly  test  the  fitness  of  the  persons  exam- 
ined to  discharge  the  duties  of  the  position  to  which  they  seek  to 
be  appointed.  Said  commission  shall  as  soon  as  possible  after 
such  examination,  certify  to  the  council  double  the  number  of 
persons  necessary  to  fill  vacancies  who,  according  to  its  records, 
have  the  highest  standing  for  the  position  they  seek  to  fill  as  a 
result  of  such  examination,  and  all  vacancies  which  occur,  that 
come  under  the  civil  service,  prior  to  the  date  of  the  next  regular 
examination,  shall  be  filled  from  said  list  so  certified;  provided, 
however,  that  should  the  list  for  any  cause  be  reduced  to  less 
than  three  for  any  division,  then  the  council  or  the  head  of  the 
proper  department  may  temporarily  fill  a  vacancy,  but  not  to 
exceed  thirty  days. 

(c)  All  persons  subject  to  such  civil  service  examination  shall 
be  subject  to  removal  from  office  or  employment  by  the  council 
for  misconduct  or  failure  to  perform  their  duties  under  such  rules 
and  regulations  as  it  may  adopt,  and  the  chief  of  police,  chief  of 
the  fire  department,  or  any  superintendent  or  foreman  in  charge 
of  municipal  work,  may  peremptorily  suspend  or  discharge  any 
subordinate  then  under  his  direction  for  neglect  of  duty  or  diso- 
bedience of  his  orders,  but  shall,  within  twenty-four  hours  there- 
after, report  such  suspension  or  discharge,  and  the  reason  there- 
for, to  the  superintendent  of  his  department,  who  shall  thereupon 
affirm  or  revoke  such  discharge  or  suspension,  according  to  the 
facts. 

Such  employe  (or  the  office  discharging  or  suspending  him) 
may,  within  five  days  of  such  ruling,  appeal  therefrom  to  the 
council,  which  shall  fully  hear  and  determine  the  matter. 

(d)  The  council  shall  have  the  power  to  enforce  the  attend- 
ance of  witnesses,  the  production  of  books  and  papers,  and  power 
to  administer  oaths  in  the  same  manner  and  with  like  effect,  and 

—18— 


under  the  same  penalties,  as  in  the  case  of  magistrates  exercising 
criminal  or  civil  jurisdiction  under  the  statutes  of  Iowa. 

Said  commissioners  shall  make  annual  report  to  the  council, 
and  it  may  require  a  special  report  from  said  commission  at  any 
time;  and  said  council  may  prescribe  such  rules  and  regulations 
for  the  proper  conduct  of  the  business  of  the  said  commission  as 
shall  be  found  expedient  and  advisable,  including  restrictions  on 
appointment,  promotions,  removals  for  cause,  roster  of  employes, 
certification  of  records  to  the  auditor,  and  restrictions  on  payment 
to  persons  improperly  employed. 

(e)  The  council  of  such  city  shall  have  power  to  pass  or- 
dinances imposing  suitable  penalties  for  the  punishment  of  per- 
sons violating  any  of  the  provisions  of  this  act  relating  to  the 
civil  service  commission. 

(f)  The  provisions  of  this  section  shall  apply  to  all  ap- 
pointive officers  and  employes  of  such  city,  except  those  especi- 
ally named  in  section  8  of  this  act,  commissioners  of  any  kind 
(laborers  whose  occupation  requires  no  special  skill  or  fitness), 
election  oflScials,  and  mayor's  secretary  and  assistant  solicitor, 
where  such  officers  are  appointed;  provided,  however,  that  ex- 
isting employes  heretofore  appointed,  or  employed  after  com- 
petitive examination,  or  for  long  service  under  the  provisions 
of  chapter  31,  acts  of  the  Twenty-ninth  General  Assembly,  and 
subsequent  amendments  thereto,  shall  retain  their  positions 
without  further  examination  unless  removed  for  cause. 

All  officers  and  employes  in  any  such  city  shall  be  elected 
or  appointed  with  reference  to  their  qualifications  and  fitness, 
and  for  the  good  of  the  public  service,  and  without  reference 
to  their  political  faith  or  party  affiliations. 

It  shall  be  unlawful  for  any  candidate  for  office,  or  any  of- 
ficer in  any  such  city,  directly  or  indirectly,  to  give  or  promise 
any  person  or  persons  any  office,  position,  employment,  benefit, 
or  anything  of  value,  for  the  purpose  of  infiuencing  or  obtain- 
ing the  political  support,  aid  or  vote  of  any  person  or  persons. 

Every  elective  officer  in  any  such  city  shall,  within  thirty 
days  after  qualifying,  file  with  the  city  clerk,  and  publish  at 
least  once  in  a  daily  newspaper  of  general  circulation,  his 
sworn  statement  of  all  his  election  and  campaign  expenses,  and 
by  whom  such  funds  were  contributed. 

—19— 


Any  violation  of  the  provisions  of  this  section  shall  be  a 
misdemeanor  and  be  a  ground  for  removal  from  office. 

Section  15.  This  section  provides  for  complete  publicity 
of  city  affairs,  requiring  a  monthly  statement  of  all  receipts 
and  expenditures  the  same  to  be  given  to  the  newspapers.  It 
also  further  provides  for  an  annual  examination  of  the  books  of 
the  city. 

Sec.  15.  The  council  shall  each  month  print  in  pamphlet 
form  a  detailed  itemized  statement  of  all  receipts  and  expenses 
of  the  city  and  a  summary  of  its  proceedings  during  the  pre- 
ceding month,  and  furnish  printed  copies  thereof  to  the  state 
library,  the  city  library,  the  daily  newspapers  of  the  city,  and 
to  persons  who  shall  apply  therefor  at  the  office  of  the  city 
clerk.  At  the  end  of  each  year  the  council  shall  cause  a  full 
and  complete  examination  of  all  the  books  and  accounts  of  the 
city  to  be  made  by  competent  accountants,  and  shall  publish 
the  result  of  such  examination  in  the  manner  above  provided 
for  publication  of  statements  of  monthly  expenditures. 

Section  16.  The  first  city  council  may  revise,  repeal  or 
change  any  appropriation  made  to  take  effect  during  the  first 
year  of  their  term  of  office. 

Sec.  16.  It  at  the  beginning  of  the  term  of  office  of  the 
first  council  elected  in  such  city  under  the  provisions  of  this 
act,  the  appropriations  for  the  expenditures  of  the  city  govern- 
ment for  the  current  fiscal  year  have  been  made,  said  council 
shall  have  power,  by  ordinance,  to  revise,  to  repeal  or  change 
said  appropriations  and  to  make  additional  appropriations. 

Section  17.  This  section  explains  the  meaning  of  certain 
words  and  terms  as  used  in  this  law. 

Sec.  17.  In  the  construction  of  this  act  the  following  rules 
shall  be  observed,  unless  such  construction  would  be  incon- 
sistent with  the  manifest  intent,  or  repugnant  to  the  context  of 
the  statute: 

—20— 


1.  The  words  "councilman"  or  "alderman"  shall  be  con- 
strued to  mean  "councilman"  when  applied  to  cities  under  this 
act. 

2.  When  an  office  or  officer  is  named  in  any  law  referred  to 
in  this  act,  it  shall,  when  applied  to  cities  under  this  act,  be 
construed  to  mean  the  office  or  officer  having  the  same  func- 
tions or  duties  under  the  provisions  of  this  act,  or  under  or- 
dinances passed  under  authority  thereof. 

3.  The  word  "franchise"  shall  include  every  special  privi- 
lege in  the  streets,  highways  and  public  places  of  the  city, 
whether  granted  by  the  State  or  the  city,  which  does  not  belong 
to  the  citizens  generally  by  common  right. 

4.  The  word  "electors"  shall  be  construed  to  mean  persons 
qualified  to  vote  for  elective  offices  at  regular  municipal  elec- 
tions. 

Section  18.  This  section  establishes  the  right  of  recall,  that 
is  provides  the  ways  and  means  by  which  a  dishonest  or  Incom- 
petent mayor  or  councilman  can  be  removed  from  office  by  a 
vote  of  the  people. 

Sec.  18.  The  holder  of  any  elective  office  may  be  removed 
at  any  time  by  the  electors  qualified  to  vote  for  a  successor  of 
such  incumbent.  The  procedure  to  effect  the  removal  of  an  in- 
cumbent of  an  elective  office  shall  be  as  follows:  A  petition 
signed  by  electors  entitled  to  vote  for  a  successor  to  the  incum- 
bent sought  to  be  removed,  equal  in  number  to  at  least  twenty- 
five  percentum  of  the  entire  vote  for  all  candidates  for  the  of- 
fice of  mayor  cast  at  the  last  precedin'g  general  municipal  elec- 
tion, demanding  an  election  of  a  successor  of  the  person  sought 
to  be  removed  shall  be  filed  with  the  city  clerk,  which  petition 
shall  contain  a  general  statement  of  the  grounds  for  which  the 
removal  is  sought.  The  signatures  to  the  petition  need  not  all 
be  appended  to  one  paper,  but  each  signer  shall  add  to  his 
signature  his  place  of  residence,  giving  the  street  and  number. 
One  of  the  signers  of  each  such  paper  shall  make  oath  before 
an    officer   competent    to    administer   oaths    that    the    statements 

—21— 


therein  made  are  true  as  he  believes,  and  that  each  signature  to 
the  paper  appended  is  the  genuine  signature  of  the  person  whose 
name  it  purports  to  be.  Vv^ithin  ten  days  from  the  date  of  fil- 
ing such  petition  the  city  clerk  shall  examine  and  from  the 
voters'  register  ascertain  whether  or  not  said  petition  is  signed 
by  the  requisite  number  of  qualified  electors,  and,  if  necessary, 
the  council  shall  allow  him  extra  help  for  that  purpose;  and 
he  shall  attach  to  said  petition  his  certificate,  showing  the  re- 
sult of  said  examination.  If  by  the  clerk's  certificate  the  peti- 
tion is  shown  to  be  insufficient,  it  may  be  amended  within  ten 
days  from  the  date  of  said  certificate.  The  clerk  shall,  within 
ten  days  after  such  amendment,  make  like  examination  of  the 
amended  petition,  and  if  his  certificate  shall  show  the  same  to 
be  insufficient,  it  shall  be  returned  to  the.  person  filing  the  same; 
without  prejudice,  however,  to  the  filing  of  a  new  petition  to 
the  same  effect.  If  the  petition  shall  be  deemed  to  be  sufficient, 
the  clerk  shall  submit  the  same  to  the  council  without  delay. 
If  the  petition  shall  be  found  to  be  sufficient,  the  council  shall 
order  and  fix  a  date  for  holding  the  said  election,  not  less  than 
thirty  days  or  more  than  forty  days  from  the  date  of  the  clerk's 
certificate  to  the  council  taat  a  sufficient  petition  is  filed. 

The  council  shall  make  or  cause  to  be  made  publication  of 
notice  and  all  arrangements  for  holding  such  election,  and  the 
same  shall  be  conducted,  returned  and  the  result  thereof  de- 
clared, in  all  respects  as  are  other  city  elections.  The  successor 
of  any  officer  so  removed  shall  hold  office  during  the  unexpired 
term  of  his  predecessor.  Any  person  sought  to  be  removed 
may  be  a  candidate  to  succeed  himself,  and  unless  he  requests 
otherwise  in  writing,  the  clerk  shall  place  his  name  on  the 
official  ballot  without  nomination.  In  any  such  removal  elec- 
tion, the  candidate  receiving  the  highest  number  of  votes  shall 
be  declared  elected.  At  such  election  if  som.e  other  person 
than  the  incumbent  receives  the  highest  number  of  votes  the 
incumbent  shall  thereupon  be  deemed  removed  from  the  office 
upon  qualification  of  his  successor.  In  case  the  party  who  re- 
ceives the  highest  number  of  votes  should  fail  to  qualify,  within 
ten  days  after  receiving  notification  of  election,  the  office  shall 
be  deemed  vacant.  If  the  incumbent  receives  the  highest  num- 
ber of  votes  he  shall  continue  in  office.  The  same  method  of 
removal  shall  be  cumulative  and  additional  to  the  methods 
heretofore  provided  by  law. 

—22— 


Section  19.  Provides  for  the  initiative.  If  the  council  re- 
fuses to  pass  needed  ordinances,  the  people  can  connpel  the 
passage  thereof. 

Sec.  19.  Any  proposed  ordinance  may  be  submitted  to  the 
council  by  petition  signed  by  electors  of  the  city  equal  in  num- 
ber to  the  percentage  hereinafter  required.  The  signatures, 
verification,  authentication,  inspection,  certification,  amendment 
and  submission  of  such  petition  shall  be  the  same  as  provided 
for   petitions   under  section   18   hereof. 

If  the  petition  accompanying  the  proposed  ordinance  be 
signed  by  electors  equal  in  number  to  twenty-five  percentum  of 
the  votes  cast  for  all  candidates  for  mayor  at  the  last  preceding 
general  election,  and  contains  a  request  that  the  said  ordinance 
be  submitted  to  a  vote  of  the  people  if  not  passed  by  the  coun- 
cil, such  council  shall  either 

(a)  Pass  said  ordinance  without  alteration  within  twenty 
days  after  attachment  of  the  clerk's  certificate  to  the  accom- 
panying petition,  or 

(b)  Forthwith  after  the  clerk  shall  attach  to  the  petition 
accompanying  such  ordinance  his  certificate  of  sufficiency,  the 
council  shall  call  a  special  election,  unless  a  general  municipal 
election  is  fixed  within  ninety  days  thereafter,  and  at  such 
special  or  general  municipal  election,  if  one  is  so  fixed,  such 
ordinance  shall  be  submitted  without  alteration  to  the  vote  of 
the  electors  of  said  city. 

But  if  the  petition  is  signed  by  not  less  than  ten  nor  more 
than  twenty-five  percentum  of  the  electors,  as  above  defined, 
then  the  council  shall,  within  twenty  days,  pass  said  ordinance 
without  change,  or  submit  the  same  at  the  next  general  city 
election  occurring  not  more  than  thirty  days  after  the  clerk's 
certificate  of  sufficiency  is  attached  to  said  petition. 

The  ballots  used  when  voting  upon  said  ordinance  shall  con- 
tain these  words:  "For  the  Ordinance"  (stating  the  nature  of 
the  proposed  ordinance),  and  "Against  the  Ordinance"  (stating 
the  nature  of  the  proposed  ordinance).  If  a  majority  of  the  quali- 
fied electors  voting  on  the  proposed  ordinance  shall  vote  in  favor 
thereof,  such  ordinance  shall  thereupon  became  a  valid  and  bind- 

—23— 


ing  ordinance  of  the  city;  and  any  ordinance  proposed  by  petition, 
or  which  shall  be  adopted  by  a  vote  of  the  people,  cannot  be  re- 
pealed or  amended  except  by  a  vote  of  the  people. 

Any  number  of  proposed  ordinances  may  be  voted  upon  at 
the  same  election,  in  accordance  with  the  provisions  of  this 
section;  but  there  shall  not  be  more  than  one  special  election 
in  any  period  of  six  months  for  such  purpose. 

The  council  may  submit  a  proposition  for  the  repeal  of  any 
such  ordinance,  or  for  amendments  thereto,  to  be  voted  upon  at 
any  succeeding  general  city  election;  and  should  such  proposi- 
tion so  submitted  receive  a  majority  of  the  votes  cast  thereon 
at  such  election,  such  ordinance  shall  thereby  be  repealed  or 
amended  accordingly.  Whenever  any  ordinance  or  proposition 
is  required  by  this  act  to  be  submitted  to  the  voters  of  the  city 
at  any  election,  the  city  clerk  shall  cause  such  ordinance  or 
proposition  to  be  published  once  in  each  of  the  daily  newspapers 
published  in  said  city;  such  publication  to  be  not  more  than 
twenty  or  less  than  five  days  before  the  submission  of  such 
proposition  or  ordinance  to  be  voted  on. 

Section  20.  Provides  for  the  protest  and  referendum.  If 
any  ordinance  is  passed  by  the  council  which  is  not  satisfactory 
to  the  people,  they  have  a  right  to  reject  it  by  vote. 

Sec.  20.  No  ordinance  passed  by  the  council,  except  when 
otherwise  required  by  the  general  laws  of  the  State  or  by  the 
provisions  of  this  act,  except  an  ordinance  for  the  immediate 
preservation  of  the  public  peace,  health  or  safety,  which  con- 
tains a  statement  of  its  urgency  and  is  passed  by  a  two-thirds 
vote  of  the  council,  shall  go  into  effect  before  ten  days  from 
the  time  of  its  final  passage;  and  if  during  said  ten  days  a 
petition  signed  by  electors  of  the  city  equal  in  number  to  at 
least  twenty-five  percentum  of  the  entire  vote  cast  for  all  can- 
didates for  mayor  at  the  last  preceding  general  municipal  elec- 
tion at  which  a  mayor  was  elected,  protesting  against  the  pass- 
age of  such  ordinance,  be  presented  to  the  council,  the  same 
shall  thereupon  be  suspended  from  going  into  operation,  and  it 
shall  be  the  duty  of  the  council  to  reconsider  such  ordinance; 
and  if  the  same  is  not  entirely  repealed,  the  council  shall  sub- 

—24— 


mit  the  ordinance,  as  is  provided  bj^  sub-section  b  of  section  19 
of  this  act,  to  the  vote  of  the  electors  of  the  city,  either  at  the 
general  election  or  at  a  special  municipal  election  to  be  called 
for  that  purpose;  and  such  ordinance  shall  not  go  into  effect 
or  become  operative  unless  a  majority  of  the  qualified  electors 
voting  on  the  same  shall  vote  in  favor  thereof.  Said  petition 
shall  be  in  all  respects  in  accordance  with  the  provisions  of 
said  section  19,  except  as  to  the  percentage  of  signers,  and  be 
examined  and  certified  to  by  the  clerk  in  all  respects  as  therein 
provided. 

Section  21.  This  section  provides  the  method  by  which  a 
city  may,  after  a  six  years'  trial,  if  it  is  so  desired,  return  to 
its  former  plan  of  government. 

Sec.  21.  Any  city  which  shall  have  operated  for  more  than 
six  years  under  the  provisions  of  this  act  many  abandon  such 
organization  hereunder,  and  accept  the  provisions  of  the  gen- 
eral law  of  the  State  then  applicable  to  cities  of  its  population, 
or  if  now  organized  under  special  charter,  may  resume  said 
special  charter  by  proceeding  as  follows: 

Upon  the  petition  of  not  less  than  twenty-five  percentum  of 
the  electors  of  such  city  a  special  election  shall  be  callea,  at 
which  the  following  proposition  only  shall  be  submitted:  "Shall 
the  city  of  (name  the  city)  abandon  its  organization  under  chap- 
ter —  of  the  acts  of  Tbirty-second  General  Assembly  and 
become  a  city  under  the  general  law  governing  cities  of  like 
population  or  if  now  organized  under  special  charter  shall  re- 
sume said  special  charter?" 

If  a  majority  of  the  votes  cast  at  such  special  election  be  in 
favor  of  such  proposition,  the  officers  elected  at  the  next  suc- 
ceeding biennial  election  shall  be  those  then  prescribed  by  the 
general  law  of  the  State  for  cities  of  like  population,  and  , 
upon  the  qualification  of  such  officers  such  city  shall  become 
a  city  under  such  general  law  of  the  State;  but  such  change 
shall  not  in  any  manner  or  degree  alTect  the  property,  right 
or  liabilities  of  any  nature  of  such  city,  but  shall  merely  extend 
to  such  change  in  its  form  of  government. 

The  sufficiency  of  such  petition  shall  be  determined,  the 
election  *  ordered   and   conducted,   and   the  results   declared,- gen- 

—25— 


erally  as  provided   by  section   18  of  this  act,   in  so  tar  as   the 
provisions  thereof  are  applicable. 

Section  22.  Defines  the  form  of  petition  required  in  this 
law. 

Sec.  22.  Petitions  provided  for  in  this  act  shall  be  signed 
by  none  but  legal  voters  of  the  city.  Each  petition  shall  con- 
tain, in  addition  to  the  names  of  the  petitioners,  the  street 
and  house  number  in  which  the  petitioner  resides,  his  age  and 
length  of  residence  in  the  city.  It  shall  also  be  accompanied  by 
the  affidavit  of  one  or  more  legal  v.oters  of  the  city  stating  that 
the  signers  thereof  were,  at  the  time  of  signing,  legal  voters 
of  said  city,  and  the  number  of  signers  at  the  time  the  affi- 
uavit  was  made. 

Section  23.     Publication  clause. 

Sec.  23.  This  act,  being  deemed  of  immediate  importance, 
shall  take  effect  and  be  in  force  from  and  after  its  publication 
in  The  Register  and  Leader  and  Des  Moines  Capital,  news- 
papers published  in  Des  Moines,  Iowa. 

Approved  March  29,  A.  D.  1907. 


—26— 


Dummary 

The  Des  Moines  plan  of  city  government  is  the  best 
and  most  advanced  system  yet  devised.  It  is  the  most 
representative,  since  it  places  the  entire  power  of  govern- 
ment in  the  hands  of  the  people.  Lincoln  said,  "Ours  is 
a  government  of  the  people,"  and  in  the  Des  Moines 
plan  that  idea  is  carried  out  to  its  fullest  extent  as  is  il- 
lustrated by  the  referendum,  the  initiative  and  the  power 
of  recall.  In  the  past  the  politician  ruled,  under  the  new 
plan  the  people  retain  the  balance  of  power. 

No  franchise  or  other  valuable  right  can  be  given 
away  by  the  city  council  until  the  people  vote  in  favor 
of.  it.  The  people  can  compel  or  prevent  the  passage  of 
any  law  or  ordinance.  Under  the  Des  Moines  plan  the 
ci^y  official  is  under  the  control  of  the  people. 

Under  this  new  plan  all  aldermen  are  elected  from  at 
large.  Each  citizen  votes  for  all  candidates,  instead  of 
voting  for  only  three  out  of  the  nine  aldermen  as  under 
present  system.  These  councilmen  having  to  depend 
upon  votes  from  all  portions  of  the  city  w\\\  consider  the 
needs  of  the  whole  city,  rather  than  the  needs  of  a  par- 
ticular section  which  they  desire  to  benefit  for  the  pur- 

—27— 


pose  of  securing  political  support  as  a  means  of  keeping 
themselves  in  office. 

The  Des  Moines  plan  fixes  responsibility  by  placing 
one  member  of  the  city  council  at  the  head  of  each  of  the 
five  departments,  thereby  doing  away  with  the  confusion 
and  irresponsibility  which  exists  under  the  present  sys- 
tem. 

The  aldermen  receive  such  a  salary  that  men  of  ability 
and  honesty  will  devote  their  whole  time  to  the  afifairs  of 
the  city.  They  cannot  wiiile  serving  be  interested, 
directly  or  indirectly,  in  any  contract  with  the  city  or 
wath  any  public  service  corporation,  such  as  water,  tele- 
phone or  street  car  companies.  This  last  provision  in- 
sures due  consideration  for  the  rights  of  the  people  and 
prevents  corporations  from  obtaining  by  any  indirect 
method  an  influence  over  the  action  of  the  city  council. 

Civil  service  is  made  a  prominent  feature  of  this  law, 
honesty  and  ability  will  be  the  qualifications  demanded  of 
employes.  The  question  of  their  political  strength  will 
not  be  considered. 

This  new  plan  provides  that  all  candidates  for  office 
shall  be  selected  at  a  non-partisan  primary,  and  also  a 
simple  method  by  w4iich  a  citizen  may  become  a  candi- 
date. 

The  Des  Moines  plan  prescribes  a  severe  punishment 
for  attempting  to  form  a  political  combination,  or     for 

—28— 


using,  directly  or  indirectly,  political  influence  in  the  in- 
terest of  any  person  or  measure.  This  makes  machine 
politics  impossible. 

All  officials  must,  after  election,  publish  a  sworn 
itemized  statement  of  their  campaign  expenses. 

All  persons  are  prohibited  from  accepting  any  money 
or  other  compensations  for  services  rendered  the  candi- 
date. 

This  is  a  very  brief  statement  of  a  number  of  the  im- 
portant features  of  this  law  and  the  reader  for  a  more 
thorough  understanding  of  the  advantages  of  this  sys- 
tem of  government  should  carefully  read  the  law  itself. 


-29— 


Magazine  and  Newspaper  Articles  on  the 
^^Des  Moines  Plan/^ 


Outlook,  May  25th,  1907,  Lyman  Abbott. 

Outlook,  August,  1907,  Lyman  Abbott. 

National,    September,    1907,    Sidney   J.   Dillon. 

World  Today,  August,  1907,  editorial. 

New  York  Herald,   Sept.   22,  Editor. 

Century,    October,    1907,    Henry   E.    Sampson. 

Boston  Herald,   Sept.  22,  1907,  Frank  W.  Woodward. 

Cosmopolitan,  November,  1907,  Frank  Rinhart. 

Overland,   October,   1907,    Sidney  J.   Dillon. 

Chicago    Tribune,    August,    1907,    Editor. 

Civic  News,  July  1,  1907,  Editor. 

Delta   Chi,   Quarterly,   August,   1907,   Henry   E.    Sampson,   Pub., 
Washington,  D.  C. 

Register  &  Leader  of  Des  Moines — Frequent  Articles. 

Des   Moines   Daily  Capital — Frequent  Articles. 

Des  Moines  Daily  News — Frequent  Articles. 


—30— 


Some  of  tke  Many  Comments  on  tke 
"'■  Des  Moines  Plan. 


'The  Des  Moines  Charter  has  more  real  democracy — democ- 
racy with  a  little  "d" —  in  it  than  any  city  charter  in  America". 
— Brandt  Whitlock,  Mayor  of  Toledo,  Ohio. 


"I  am  greatly  impressed  with  the  simplicity,  flexibility  and 
accessibility  of  the  system   of  government  therein   provided". 
— Prof.  W.  C.  McNaul,  Des  Moines  College. 


"I  am  free  to  say  that  the  Iowa  charter  comes  nearer  cover- 
ing my  ideas  of  the  perfect  city  charter  than  anything  I  have 
ever  seen". 

— Ex-Mayor  J.  M.  Head  of  Nashville,  Tenn. 


"It  seems  to  be  the  best  guarded  in  its  administrative  pro- 
visions and  the  most  democratic  in  ease  and  finality  of  popular 
control,  of  any  municipal  charter  as  yet  known  to  American 
legislation". 

— Louis  F.  Post,  Editor  The  Public,  Chicago. 


"The  claim  that  this  method  is  undemocratic  is  totally  fal- 
lacious". 

— Lymann    Abbott    in    the    Outlook. 


"Everything  that  tends  to  interest  the  voters  of  a  city  in  the 
public  questions  that  concern  the  city  makes  for  public  spirit 
and  for  the  public  welfare,  and  this  plan  carries  that  idea  as 
far   as   possible". 

—Hon.  Seth  Low,  former  Mayor  of  New  York,  and 

Ex-President  of  Columbia  University. 


"The  charter  combines  effective  administration  by  an  execu- 
tive board  with  final  popular  control,  and  therefore  combines 
approved  American  business  methods  with  approved  American 
principles  of  popular  government  in  local  affairs". 

— Progress. 

—31— 


DES  MOINES  INFORMATION. 

"Des  Moines  Does  Things." 

Des  Moines  has  110  miles  of  paving.  (Brick,  Asphalt  and 
Creosote  Blocks.) 

Des  Moines  has   146  miles  of  sewerage. 

Des  Moines  has  125  miles  of  water  mains. 

Des  Moines  lias  120  miles  of  gas  mains,     (dollar  gas.) 

Des  Moines  has  96  miles  of  electric  street  railway  trackage. 

Des  Moines  has  19  Parks,  750  acres. 

Des  Moines  has  Interurban  lines  to  the  north,  south,  east  and 
west. 

Des  Moines  has  19  steam  roads  in  and  out  of  the  city. 

Des  Moines  has  94   churches — every   denomination. 

Des  Moines  has  49  schools,  public  and  private. 

Des   Moines   has   13   Colleges   and   Technical   schools. 

Des  Moines  has  5,000  college  iK)pulation. 

Des  Moines  has  28  hotels;  ten  of  which  are  large  and  import- 
ant. 

Des  Moines  is  the  home  of  44  Insurance  Companies. 

Des  Moines  has  6,000  insurance  workers. 

Des  Moines  has  fully  250  important  factories. 

Des  Moines  has  148  jobbing  houses. 

Des  Moines  supplies  paving  brick  to  other  cities. 

Des  Moines  has  19  Banks,  with  thirty  million  deposits. 

Des   Moines  entertains  80   Conventions  annually. 

Des  Moines  has  a  large  Auditorium,  seats  3,000. 

Des  Moines  has  four  great  daily  newspapers. 

Des  Moines  has  54  newspapers  and  periodicals. 

Des  Moines  has  40  farm  implement  houses. 

Des  Moines  has  12,000  telephones  in  use — 2  systems. 

Des  Moines  is  the  home  of  the  Iowa  State  Fair. 

Des  Moines  has  cheap  coal  in  abundance. 

Des  Moines  postoifice  business  is  equal  to  that  of  any  other 
city  in  the  IT.   S.  of  twice  its  population. 

Business  transacted  in  Des  Moines  annually  exceeds  90  mil- 
lions about  as  follows: 

Manufacturing,   including   coal   output    25    Millions 

Jobbing  and  Wholesale   40  Millions 

Retail— all  lines   30  Millions 


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